Download or read book Boards of Appeal of EU Agencies written by Merijn Chamon and published by Oxford University Press. This book was released on 2022 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the EU agencies that have been granted the power to adopt binding decisions are a diverse group, they at least share one feature: in all of them an organisationally separate administrative review body, i.e. a board of appeal, has been established. The review procedures before these boards must be exhausted before private parties can seize the EU courts and the boards therefore all fulfil a similar function: filtering cases before they end up before the courts and providing parties by expert-driven review. Sharing this common function as well as some common features, the boards of appeal of the different agencies remain heterogenous in their set up and functioning. This raises a host of questions from both a theoretic and practical perspective which this volume analyses in depth: how do the boards function, which kind of review do they offer, and how should they be conceptualized in the EU's overall system of legal protection against administrative action? To answer these questions, the volume's first part presents a series of case studies, covering all the EU boards of appeal currently in existence, while a second part looks into the horizontal issues raised by the phenomenon of the boards of appeal.
Download or read book EU Agencies written by Merijn Chamon and published by Oxford University Press. This book was released on 2016 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing the first comprehensive overview of the development of agencification in the EU, this book explores the question: What are the political and legal limits to EU agencification?
Download or read book Relative Authority of Judicial and Extra Judicial Review written by Michal Krajewski and published by Bloomsbury Publishing. This book was released on 2021-07-29 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do independent boards of appeal set up in some EU agencies and the European Ombudsman compensate for the shortcomings of EU Courts? This book examines the operation of EU judicial and extra-judicial review mechanisms. It confronts the formal legal rules with evolving practices, relying on rich statistical data and internal documents. It covers detailed institutional arrangements, the standard of review, the types of cases and litigants, and the activity of the parties in the process. It makes visible the diverse but complementary ways in which the mechanisms enhance the authority of EU legal acts and processes. It also reveals that scarce resources and imprecise rules restrict the scope of review and hinder independent empirical investigations. Finally, it casts light on how a differentiated system of judicial and extra-judicial review can accommodate various kinds of technical and political discretion exercised by EU institutions and bodies.
Download or read book Management of Conflict of Interest in Selected EU Agencies written by European Court of Auditors and published by . This book was released on 2012 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Conflict of interest situations can occur almost in any work¬place at any time. If they are not handled correctly they can negatively affect the decision-making process, give rise to scan¬dals and cause reputational damage. The court evaluated policies and procedures for the manage-ment of conflict of interest situations for four selected agen¬cies making vital decisions affecting the safety and health of consumers, namely the European Aviation Safety Agency (EASA), European Chemicals Agency (ECHA), European Food Safety Agency (EFSA) and the European Medicines Agency (EMA). The court found that none of the selected agencies adequately managed the conflict of interest situations. A number of short¬comings of varying degrees have been identified in agency-spe¬cific policies and procedures as well as their implementation." -- P. [4] of cover.
Download or read book Controlling EU Agencies written by Miroslava Scholten and published by Edward Elgar Publishing. This book was released on 2020-05-29 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Controlling EU Agencies launches the debate on how to build a comprehensive system of controls in light of the ongoing trends of agencification and Europeanisation of the executive in the EU.
Download or read book EU Executive Governance Agencies and Procedures e Book written by DELLA CANANEA GIACINTO and published by G Giappichelli Editore. This book was released on 2020-03-13 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Which administrative procedures are followed by EU agencies? Which are the implications flowing from the principles of good administration, access and participation, for those agencies? Do their procedures strengthen their legitimacy without impairing the timeliness of administrative regulation and hence its effectiveness? This book offers an in-depth analysis of the extension of procedural constraints imposed on EU agencies and addresses the vital question of the role of procedural instruments in contributing to agencies’ input and output legitimacy. The volume focuses in particular on some of the newest EU agencies, which are entrusted with binding (or quasi-binding) powers. The chosen fields of investigation are those of electronic communications, energy, aviation safety, banking and financial regulation. Moreover, two cross cutting issues have been selected: the use of soft law by agencies and their internal remedies, through appeals and other instruments.
Download or read book Non Judicial Remedies and EU Administration written by Paola Chirulli and published by Routledge. This book was released on 2021-03-11 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.
Download or read book European Agencies and Their Boards written by Madalina Busuioc and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: European agencies have become an established part of the European Union's architectural set up and are the most proliferating institutional entities at the EU level. However, as their relevance and prevalence in the EU institutional landscape has increased, so have concerns with regards to the possibility for such bodies to escape scrutiny. This article takes up this issue and investigates a central element of agency accountability: their accountability vis-à-vis the management boards. The main and most direct confines on the grant of authority to agencies and their directors respectively, are represented by the management boards. Given the formal powers exercised by European agencies, it is important to observe to which extent boards are successful in exercising their scrutinising roles. Based on interviews with agency directors as well as board representatives, the paper unravels how these accountability ties operate in practice and identifies recurring weaknesses that seriously impinge upon their effectiveness.
Download or read book Controllers Profiteers Or Enablers written by Martin Robert Jan Weinrich and published by . This book was released on 2021 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 37 EU agencies are a sizable part of the EU's multi-level administration. Created in negotiations between the European Commission, the European Parliament and the Council of the European Union, these semi-independent bodies contain intergovernmental, supranational and transnational characteristics. EU agencies are networked bodies: not only the European Commission, but also national authorities are omnipresent on their management boards and in their working groups. Because of their voting majority on management boards and in EU agencies' working groups, national officials' behaviour can determine EU agencies' output. While the Commission pursues a clear supranational agenda, the role of national representatives remains ambiguous: Often detached from direct domestic political control and - at least in theory - accountability-holders of EU agencies, national representatives have incentives to control EU agencies, align their work with their domestic one or co-create EU-level solutions. This thesis addresses the question, when the behaviour of national officials promotes intergovernmental, bureaucratic or transnational interests in EU agencies. Empirically, the thesis proceeds in three steps. First, it develops a typology of EU agencies according to their main activities and classifies all 37 agencies into four categories: authorisation, regulation, implementation and information agency. Second, it maps the formal, de jure role of national representatives in all 37 agencies' governance structure on the basis of their founding regulations. This mapping exercise shows that the stronger the formal competences of an agency, the stronger is the position of national representatives in an agency's governance set-up. Moreover, the mapping reveals variation across the four agency types. Building upon these findings, the study selects four EU agencies that cover the variance in formal governance set-ups for in-depth case studies on national representatives' behaviour: the European Environment Agency as an information agency, the European Maritime Safety Agency as an authorisation agency, the European Maritime Safety Agency as an implementation agency and the European Banking Authority as a regulatory agency. On the basis of 47 semi-structured interviews with 53 national and Commission representatives as well as agency officials, the final part of the study illustrates that different governance set-ups have only a mediating influence on the interests, national representatives promote in EU agencies. Across the entire variance of formal structures, national representatives safeguard their bureaucratic interest, especially where they risk being overburdened by the administrative consequences of EU agency decisions. Only in salient agencies, intergovernmental control concerns play a significant role. Primarily, however, national representatives create synergies between their domestic work and EU agencies' work. Even though this is likewise motivated by bureaucratic interests, it contributes to the expansion of EU agencies tasks and a further centralisation of the EU's multi-level administration. Moreover, national representatives value the learning opportunities that EU agencies provide and in case of different opinion with the Commission or other national representatives prefer to invest time in finding consensual solutions instead of blocking further action. Thereby, national representatives across all four cases do not only represent exogenous, domestic preferences but also transnational interests, endogenous to the specific environment around each EU agency. These findings indicate that national representatives both constrain and enable EU agencies. Their bureaucratic turf and reputational interests set the boundary at which they begin to oppose further EU agency measures. Their interest in efficient workflows and coordination as well as their genuine interest in EU-wide solutions, on the other hand, enables EU agencies to perform and occasionally expand the scope of their actions.
Download or read book EU Agencies written by Merijn Chamon and published by Oxford University Press. This book was released on 2016-05-13 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last two decades, EU legislation has established a growing number of subsidiary bodies commonly referred to as EU decentralised agencies. Recent years have witnessed the conferral of increasingly significant powers to these bodies to the point where the successful implementation of many of the EU's policies is now dependent upon the activities of EU agencies. While EU agencies have become indispensable in terms of their practical importance, the lack of a legal basis in the EU Treaties to establish and empower new bodies as well as the lack of an adequate framework in secondary law means that there exists little control over EU agencies. This results in critical issues, such as the absence of clear criteria prescribing when an agency may be empowered to act and also the failure to consider the interests of the actors normally responsible for the implementation of EU law, such as the Member States and the Commission. Providing the first comprehensive overview of the development of agencification in the EU, this book explores the question: What are the political and legal limits to EU agencification? Analysing EU agencies from an institutional and constitutional perspective, the book traces the development of EU agencies, explores the different tasks they perform, investigates the limits to agencification, and discusses the legal basis for such agencies.
Download or read book Non Judicial Remedies and EU Administration written by Paola Chirulli and published by Routledge. This book was released on 2021-03-11 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.
Download or read book European Union Law in Context written by Ester Herlin-Karnell and published by Bloomsbury Publishing. This book was released on 2021-09-23 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook provides an explanatory and contextual view of EU law and its impact in a simple and easily accessible yet analytical manner. It illustrates the power struggles behind a given EU law act, to allow for full understanding of how it developed. This allows the student to understand EU law as a force in the increasingly globalized world, rather than as technical and doctrinal subject. The textbook begins by setting the scene of EU integration, how we got there and why it is important. Thereafter it explores the constitutional framework for understanding EU law in context and by discussing inter alia, division of competences, accountability, legitimacy, enforcement, human rights, participation rights and so on as well as the general principles of the EU and citizenship rights. Subsequently the textbook explores the essentials of the internal market as well as the principles of competition law. It also discusses free movement rights and links to the growing “Area of Freedom, Security and Justice”. Finally the textbook offers fresh insights on the external dimension of EU law and the role of the EU in the world today before concluding with an outlook on the future of EU law including the consequences of events such as Brexit.
Download or read book Legal Accountability in EU Markets for Financial Instruments written by Carl Fredrik Bergström and published by Oxford University Press. This book was released on 2022-01-22 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proper functioning of the EU financial market is protected by public actors - both national and supranational - responsible for rulemaking and supervision of investment firms and other private actors. At the same time the effectiveness of the EU legal system requires vigilance from private actors such as investment firms but also their clients, invoking their rights before national authorities and courts. This means that investment firms have a dual role within the system, turning them into subjects of control and enforcement but also agents in the maintenance of the rule of law. Legal Accountability in EU Markets for Financial Instruments brings together a group of scholars with expertise from different legal disciplines but a shared interest for the EU internal market and the way it develops. It integrates a modern study of the form and function of EU rulemaking in the internal market after the financial crisis. The book includes an evaluation of core aspects of rulemaking in the financial market and that way provides a cross-cutting treatment of EU law. The focus of the book is set on the regulatory framework in MiFIDII and MiFIR and thematic questions around legal mechanisms for accountability and the role of investment firms in the operation of those mechanisms. It further discusses the implications for EU law and the EU legal system and gives readers a thorough understanding of the concept of accountability through its own findings.
Download or read book The External Dimension of EU Agencies and Bodies written by Herwig C.H. Hofmann and published by Edward Elgar Publishing. This book was released on 2019 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book addresses urgent questions about the external actions of the EU’s decentralized agencies and their effects, such as how they should be conceptualized and assessed, and how these agencies can and should be governed in the future. Bringing together pioneering interdisciplinary work from European legal and political scholars, the book combines theory with empirical case studies to explore an underdeveloped field and identify a future research agenda. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}
Download or read book Law Enforcement by EU Authorities written by Miroslava Scholten and published by Edward Elgar Publishing. This book was released on 2017-11-24 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.
Download or read book Revisiting Judicial Politics in the European Union written by Mark Dawson and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.
Download or read book Finance Law and the Courts written by Marco Lamandini and published by Oxford University Press. This book was released on 2024-02-08 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finance, Law, and the Courts offers a comprehensive legal treatment of finance's regulatory sources and complex problems. Drawing from European and US case law, the book demonstrates that law and the courts provide finance with the certainty it needs to operate and the elasticity it needs to evolve.
